52030 Federal Register / Vol. 70, No.
169 / Thursday, September 1, 2005 / Rules and Regulations
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not a significant energy
action. It will not have an adverse effect
on energy supplies. To the extent that
the rule affects the mining of energy
minerals (i.e., uranium and other
fissionable metals), the rule may save
mining claims or sites that would
otherwise be forfeited for the late
payment of insufficient location and/or
maintenance fees. It will not change
financial obligations of the mining
industry.
Authors
The principal author of this interim
rule is Roger Haskins in the Solid
Minerals Group, assisted by Frank
Bruno in the Regulatory Affairs Group,
Washington Office, BLM.
List of Subjects in 43 CFR Part 3834
Maintenance fees; mines; public
lands—mineral resources; reporting and
record keeping requirements.
Dated: August 26, 2005.
Chad Calvert,
Acting Assistant Secretary, Land and
Minerals Management.
■ For the reasons stated in the preamble,
and under the authority of sections 441
and 2478 of the Revised Statutes, as
amended (43 U.S.C. 1201 and 1457);
and sections 2319 and 2324 of the
Revised Statutes, as amended (30 U.S.C.
22 and 28); part 3834, Group 3800,
Subchapter C, Chapter II of Title 43 of
the Code of Federal Regulations is
amended as follows:
PART 3834—REQUIRED FEES FOR
MINING CLAIMS OR SITES
■ 1. The authority citation for part 3834
continues to read as follows:
Authority: 30 U.S.C. 28f; 30 U.S.C. 242; 43
U.S.C. 1201, 1740; 115 Stat 414.
Subpart B—Fee Adjustment
■ 2. Revise § 3834.21 to read as follows:
§ 3834.21 How will BLM adjust the location
and maintenance fees?
BLM will adjust the location and
maintenance fees at least every 5 years,
based upon the CPI, as required by 30
U.S.C. 28j(c), or at any other time as
required by other statute.
■ 3. Revise § 3834.23 to read as follows:
§ 3834.23 When do I start paying the
adjusted fees?
(a) In the case of a CPI adjustment
required by 30 U.S.C. 28j(c), you must
pay the adjusted initial maintenance
VerDate Aug<18>2005 14:19 Aug 31, 2005 Jkt 205001
and location fees when you record a
new mining claim or site located on or
after the September 1 that immediately
follows the date BLM published its
notice about the adjustment.
(b) In the case of adjustments required
by other statute, you must pay the
adjusted initial maintenance and
location fees for a new mining claim or
site as provided in the statute.
(c) For previously recorded mining
claims and sites, you must pay the CPI-
based adjusted maintenance fee on or
before the September 1 that immediately
follows the date BLM published its
notice about the adjustment.
(d) Notwithstanding 43 CFR
3830.91(a)(3) and 3830.96, in any year
in which BLM adjusts the maintenance
and location fees, if you pay the fees
timely, but pay an amount based on the
fee in effect immediately before the
adjustment was made, BLM will send
you a notice, as provided in § 3830.94,
giving you 30 days in which to pay the
additional amount required to meet the
adjusted fees. If you do not pay the
additional amount due within 30 days
after the date you received the notice,
you will forfeit the affected mining
claims or sites.
[FR Doc. 05–17534 Filed 8–31–05; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF DEFENSE
48 CFR Parts 225 and 252
[DFARS Case 2004–D034]
Defense Federal Acquisition
Regulation Supplement; Restrictions
on Totally Enclosed Lifeboat Survival
Systems
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove text addressing
restrictions on the acquisition of totally
enclosed lifeboat survival systems. The
restrictions are based on fiscal year 1994
and 1995 appropriations act provisions,
that are no longer considered
applicable, and other statutory
provisions that apply only to the Navy.
DATES: Effective September 1, 2005.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations Council, OUSD (AT&L)
DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone (703) 602–0328; facsimile
(703) 602–0350. Please cite DFARS Case
2004–D034.
PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM
SUPPLEMENTARY INFORMATION:
A. Background
This final rule removes DFARS
225.7008, Restrictions on totally
enclosed lifeboat survival systems, and
the corresponding contract clause at
DFARS 252.225–7039. These
restrictions implement Section 8124 of
the Fiscal Year 1994 DoD
Appropriations Act (Pub. L. 103–139),
Section 8093 of the Fiscal Year 1995
DoD Appropriations Act (Pub. L. 103–
335), and 10 U.S.C. 2534. The fiscal year
1994 and 1995 appropriations act
restrictions are no longer considered
applicable. 10 U.S.C. 2534 applies to the
acquisition of totally enclosed lifeboats
that are components of naval vessels.
Since this restriction impacts only the
Navy, and 10 U.S.C. 2534(h) specifies
that DoD may not use contract clauses
or certifications, but must use
management and oversight techniques,
to implement this restriction, DFARS
coverage for implementation of this
restriction is considered unnecessary.
DoD published a proposed rule at 70
FR 14628 on March 23, 2005. DoD
received no comments on the proposed
rule. Therefore, DoD has adopted the
proposed rule as a final rule without
change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the domestic source restrictions
of 10 U.S.C. 2534 still apply to the
acquisition of totally enclosed lifeboats
that are components of naval vessels. 10
U.S.C. 2534 requires that DoD acquire
such lifeboats only if the manufacturer
is part of the national technology and
industrial base.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
contain any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
01SER1
 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
■ Therefore, 48 CFR parts 225 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 225—FOREIGN ACQUISITION
225.7008 [Removed and Reserved]
■ 2. Section 225.7008 is removed and
reserved.
225.7008–1 through 225.7008–4
[Removed]
■ 3. Sections 225.7008–1 through
225.7008–4 are removed.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7039 [Removed and Reserved]
■ 4. Section 252.225–7039 is removed
and reserved.
[FR Doc. 05–17351 Filed 8–31–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 232 and 252
[DFARS Case 2004–D033]
Defense Federal Acquisition
Regulation Supplement; Levy on
Payments to Contractors
AGENCY:Department of Defense (DoD).
Interim rule with request for
ACTION:
comments.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to address the effect of Internal
Revenue Service (IRS) levies on contract
payments. The rule requires DoD
contractors to promptly notify the
contracting officer if a levy that will
jeopardize contract performance is
imposed on a contract.
DATES: Effective date: September 1,
2005.
Comment date: Comments on the
interim rule should be submitted to the
address shown below on or before
October 31, 2005 to be considered in the
formation of the final rule.
VerDate Aug<18>2005 14:19 Aug 31, 2005 Jkt 205001
ADDRESSES: You may submit comments,
identified by DFARS Case 2004–D033,
using any of the following methods:
Æ Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
Æ Defense Acquisition Regulations
Web Site: http://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2004–D033 in the subject
line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations Council, Attn: Mr. Bill Sain,
OUSD(AT&L)DPAP(DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062.
Æ Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to http://emissary.acq.osd.mil/dar/
dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Mr.
Bill Sain, (703) 602–0293.
SUPPLEMENTARY INFORMATION:
A. Background
The Debt Collection Improvement Act
of 1996 authorized a centralized
program for the offset of Federal
payments, including contract payments
to collect delinquent non-tax debts
owed to the Federal Government. To
implement this authority, the
Department of the Treasury created the
Treasury Offset Program (TOP). The
Taxpayer Relief Act of 1997 authorized
the Internal Revenue Service to
continuously levy up to 15 percent of
certain Federal payments, including
contract payments. To implement this
authority, the Federal Payment Levy
Program (FPLP) was created. The FPLP
is an automated process that uses the
TOP system to match delinquent tax
debts with Federal payments. When a
match occurs, the payment is levied and
applied to the tax debt. The FPLP
process works in tandem with a manual
‘‘paper’’ levy process outlined in 26
U.S.C. 6331–6332.
Section 887, Modification of
Continuing Levy on Payments to
Federal Vendors, of Public Law 108–357
amends Section 6331(h) of the Internal
Revenue Code by raising the amount of
levy the Government may withhold on
Federal payments for goods or services
sold or leased to the Federal
Government, from 15 percent to 100
percent.
This interim DFARS rule is intended
to address contract non-performance
that may result from application of a
levy.
PO 00000 Frm 00033 Fmt 4700 Sfmt 4700
52031
New Contract Clause Stating
Government Right To Assess Levy
While DoD has been participating in
the levy program for a number of years,
neither the FAR nor the DFARS
includes a clause addressing levies. DoD
believes that such a clause, along with
implementing DFARS language in Part
232, is needed to ensure that all parties
understand their rights and obligations
related to the assessment of a levy.
Levies That Jeopardize Contract
Performance
DoD is concerned that situations may
arise in which the levy of a contract
payment could jeopardize contract
performance. As such, the DFARS needs
to include coverage addressing the
process to be followed when such
situations arise.
The levy process makes it impractical,
in most cases, to identify whether a levy
will jeopardize contract performance
prior to a contract payment being levied.
While the contractor may have received
a notice of potential levy, that notice
does not identify which contract or
contracts to which the levy will be
applied. Furthermore, it is the
contractor’s responsibility for
identifying a levy that will significantly
impact contract performance, since it is
the contractor’s liability that has created
the situation. Therefore, this interim
rule requires that the contractor notify
the contracting officer when a levy is
imposed on a DoD contract payment
and that the contractor state whether it
believes the levy jeopardizes contract
performance. In addition, the contractor
is required to advise the contracting
officer if the contractor is aware of any
adverse effect on national security that
may result from the inability to perform
the contract. The contracting officer will
take appropriate action on the instant
contract.
When the contractor believes the levy
jeopardizes contract performance, it is
important that DoD have a timely
process for addressing those cases. The
interim rule requires the Government to
promptly review the contractor’s
assessment and either agree or disagree
that contract performance will be
jeopardized. When the Government
disagrees with the contractor’s
assessment, the Government will notify
the contractor and no further action will
be taken. When the Government agrees
with the contractor’s assessment that the
levy will jeopardize contract
performance and also believes that the
lack of performance will adversely affect
national security, some or all of the
monies collected will be returned to the
contractor. When the Government
E:\FR\FM\01SER1.SGM 01SER1